New Federal Lawsuit Seeks to Reopen Diversity Visa Green Card Lottery for 2027 and 2028

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On November 1, 2026, a new federal lawsuit, Ivannikov v. Rubio (Case No. 2:26-cv-12783), was filed in the U.S. District Court for the Central District of California, challenging the Trump administration’s failure to open registration for the Diversity Visa (DV) Lottery Program.

The lawsuit was filed by Ivan Ivannikov, a Russian national residing in Los Angeles, against Secretary of State Marco Rubio. It seeks to compel the U.S. Department of State to open registration for both the DV-2027 and DV-2028 lottery programs.

The complaint alleges that the government’s failure to administer the program constitutes unlawful agency delay and violates the Administrative Procedure Act. It asks the court to require registration periods of at least 30 days for both programs and to process applications from individuals subsequently selected.


Background: Previous Court Ruling Temporarily Blocked


The new lawsuit follows an October 14, 2026, preliminary injunction ordering the State Department to reopen DV-2027 registration by November 1, 2026.

However, on October 29, 2026, the Ninth Circuit Court of Appeals temporarily blocked that order while the government’s appeal proceeds, citing legal deficiencies concerning the plaintiff’s ability to bring the earlier lawsuit.

Unlike the previous lawsuit, which was filed by an immigration law firm, the new case is brought by an individual who claims he is personally eligible to participate in the lottery.


What This Means for Diversity Visa Applicants


The Diversity Visa Program provides up to 55,000 immigrant visas annually to eligible individuals from countries with historically low immigration rates to the United States.

As of November 3, 2026, registration for DV-2027 has not opened, and the new lawsuit has not resulted in a court order requiring the government to resume registration.

Prospective applicants should continue monitoring developments as litigation proceeds.


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